Nursing home allowance

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Nursing housing benefit is a resident-oriented expense allowance from various German countries to finance the operationally necessary investment expenses (investment costs) of fully inpatient long-term care facilities. Nursing housing allowance is available in

In Hamburg, Lower Saxony and Saarland, the nursing home allowance was abolished again.

The nursing home allowance has a dual character. On the one hand, it serves the goal of realizing an efficient, numerically sufficient and economical nursing care structure; on the other hand, it is intended to relieve home residents entirely or partially of having to bear the investment cost share of the home remuneration themselves.

Accordingly, the nursing home (except in Mecklenburg-Western Pomerania) is entitled to the granting of nursing home allowance itself for those home residents who meet the requirements, but at the same time the home resident can also demand and sue for payment of the nursing home allowance to the nursing home (so-called subjective public law ).

Nursing housing allowance is only granted if the resident is at least in need of care (care level I) and receives long-term care insurance benefits . He must also be cared for in a full inpatient long-term care facility that is approved by the long-term care insurance and has a care rate agreement with the payers.

Nursing housing allowance is not granted if the resident's income and - except in Mecklenburg-Western Pomerania - his assets exceed certain limits. Maintenance claims against the spouse or children do not conflict with the care allowance.

Individual evidence

  1. ↑ see for example § 12 of the State Care Act of North Rhine-Westphalia
  2. ↑ § 9 Landespflegegesetz (LPflegeG MV) of December 16, 2003, GVOBl. MV 2003, p. 675
  3. ↑ § 12 Law for the implementation of the Long-Term Care Insurance Act (Landespflegegesetz Nordrhein-Westfalen - PfG NW)
  4. ↑ Care facility funding regulation (PflFEinrVO)  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. From October 15, 2003 (GV.NRW. P. 613)@1@ 2Template: Dead Link / www.lexsoft.de  
  5. ↑ jlr-PflegeGAGSHV1P7 jlr-PflegeGAGSHV2P7 § 6 Abs. 4 Implementing Act for the Care Insurance Act (Landespflegegesetz - LPflegeG) of February 10, 1996
  6. ↑ Amendment of the Hamburg State Care Act (HmbLPG) of September 18, 2007 by law of June 22, 2010 (HmbGVBl. P. 440)
  7. ^ Amendment of the Lower Saxony Long-Term Care Act - NPflegeG by law of December 11, 2003
  8. ↑ Repeal of §§ 6 to 8 and 13 paragraph 1 of the ordinance on the planning and funding of care facilities of January 16, 1997 (Official Journal p. 122) by § 12 paragraph 2 Act No. 1694 on the planning and funding of offers for People in need of help, care or care in Saarland (Saarland Care Act) of July 1, 2009, Official Journal 2009, p. 1217
  9. ^ Minden Administrative Court, decision of March 1, 2004, Az .: 7 L 166/04